Former judge and Parliamentary Ombudsman Joseph Zammit McKeon has warned that people in Malta have been denied the full protection of anti-discrimination rights for 10 years, because MPs have still not put a key human rights protocol into Maltese law.
In a strongly worded statement marking the 10th anniversary of Protocol No. 12 coming into force in Malta, Zammit McKeon said the treaty remains unenforceable in Maltese courts, despite the country ratifying it back in 2015.
The protocol, which came into force in Malta on 1st April 2016, strengthens protection against discrimination by public authorities and creates a broader standalone right to equality under the European Convention on Human Rights (ECHR).
However, because it was never incorporated into Maltese law, people in Malta cannot rely on it before local courts when challenging discrimination.
Zammit McKeon said this means Malta is bound by the protocol internationally, but not applying it domestically, creating what he described as a serious legal and constitutional gap.
That position has already been confirmed by the Constitutional Court in a number of recent rulings, including Jonathan Ferris v Commissioner of Police in January this year.
As things stand, anyone in Malta seeking redress under Protocol No. 12 would have to go directly to the European Court of Human Rights in Strasbourg, instead of first seeking justice before Maltese courts.
The Ombudsman said this goes against the principle of subsidiarity, which holds that human rights should be protected first and foremost at national level, with Strasbourg acting only as a last resort.
He described the continued failure to legislate the protocol as a “legal set-back”, warning that it weakens access to justice and leaves people in Malta without the full human rights protection they should already be enjoying.
Zammit McKeon is now urging lawmakers to finally act and bring the protocol into Maltese law without further delay.
What do you make of this?